EU law Making Flashcards
What is the original purpose of the EU
to secure peace between former enemies by controlling the production of coal and steel
Who was the European Economic Community set up by
Germany, France, Italy, Belgium, the Netherlands and Luxembourg in 1957 by the Treaty of Rome
When did the UK join ?
On 1st January 1973 by passing the European Communities Act 1972
When did the UK leave ?
11pm on the 31st January 2020
The transition period is set to end on 31 December 2020
Are the member states still independent?
Each of the current 27 member states remain as independent sovereign states but agree to recognise the supremacy of the EU created by institutions of the EU
What is brexit?
Was on 23rd June 2016- 53% of votes were in favour of leaving
To leave the EU, the UK invoked an agreement called Article 50 of the Lisbon treaty, which gave the country and the EU 2 years to agree to the terms to split.
Until then, the UK remains one of the 28 member states of the EU and is affected by its law in exactly the same way.
What is EU law
A body of treaties and legislation, such as regulations and directives, which have direct effect or indirect effect on the laws of EU members
EU law is applied by the courts of member states and where the laws of member states provide lesser rights European Union law. An be enforced by the courts of member states
The European Commission can take proceedings against the member statue under the EC treaty
The court of justice of the European Union is the highest court able to interpret European Union law
The institutions of the EU
1) the European Parliament
2) the European Commission
3) the council of the EU
4) the European court of justice
European Parliament
Directly elected- 751 MEPs
Main law making body, along with the commission and council or the EU
What are the 3 main roles of the European Parliament
Legislative- passing EU laws in conjunction with the council of the EU based on proposals put forward by the commission
Supervisory- supervising all other EU institutions, and electing the president of the commission
Budgetary- managing the EU budget, along with the council
European Commission
Political independent executive arm of the EU
day to day running of the EU
Propose legislation
Know as the GUARDIAN OF TREATIES and ensures that all member states comply with their EU obligations
Can take action against any member state in the ECJ
there are 28 (now 27🤷🏻♀️) members of the commission, one for each member state, although they represent the interests of the EU as a whole rather than their own state. They also represent the EU internationally, negotiating agreements between the EU and other countries
The council of the EU
Main decision making body of the EU
Legislative arm
It’s membership varies according to the topic under discussion. For example, if the topic is environmental issues, the environmental minister from each state will attend
Council ministers represent national interests by balancing the role of the commission
They approve it budget jointly with the European Parliament
European court of justice
Based in Luxembourg
Ensures that EU legislation is applied
1 judge from each member state and 11 advocates in general
Generally sits as a ‘grand chamber’ of 13 judges
Since 1988 assisted by a court of first instance
2 main roles:
Judicial- hears cases
Tachographs: commission v UK 1979
Supervisory- preliminary rulings
Bulmer v Bollinger 1974
Wightman v SOS for exiting the EU 2018
Wightman v SOS for exiting the European Union 2018
ECJ made a preliminary ruling, holding that MS can unilaterally revoke their decision to trigger Article 50 to leave the EU. They would need to give notice addressed to the European council in writing
